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Preparing For 2006 Getting Your Legal Life In Order

(category: Legal, Word count: 514)
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As we wave goodbye to 2005 and charge into 2006, it is time to get your house in order. This is particularly true for the legal issues in your life.

Legal Planning

As drab as it may seem, legal planning can help you avoid disasters in your life. With the turn of the calendar, now is the time to give your life and business some thought.

On the family front, you should be thinking about changes you experienced in 2005 and if any of them require you to take some steps. If you got married, you need to jump through a few loopholes related to changing names, addresses with relevant companies and so on. If you had a new family addition, have you give consideration to updating your will or family trust? On a less enjoyable subject, are there any steps you need to make with parents who are growing older. Elder abuse, particularly financially, can be a problem and you may want to provide assistance to elder parents so they aren't taken advantage of.

On the business front, now is the time to take a step back and reflect upon how things are going. Did you meet your goals in 2005? If you didn't, how do you plan to make 2006 a better year? In making this determination, you need to be honest with yourself and make sure you evaluate your week points. From a legal perspective, are all of your relevant business documents up to date? Have annual minutes been filed for your corporation or LLC?

A particular area where businesses fail to follow up are changes in contracts. When entering a contract, both parties tend to see great success in the future. Inevitably, they discover the agreement needs to be tweaked to allow for circumstances and so on. When this occurs, the parties will often reach an oral agreement or just shake hands on it. Such agreements are not binding on the parties. If a dispute occurs, the business relationship will be evaluated using the original agreement. That can lead to a nightmare of circumstances. If you've tweaked an agreement with another party, now is the time to get such an amendment in writing!

April 15th sounds a long way off, but it will come faster than you can imagine. Yep, I'm talking about taxes. Do you feel you pay too much in taxes? Of course you do. This is a god given right of every American. Well, now is the time to do something about it. You should contact your CPA and do some tax planning for 2006. Saving taxes often comes down to how you collect revenues and distribute them. Slight changes can save you tens of thousands of dollars, but you must implement them early in the calendar year.

As the calendar flipped to 2006, you undoubtedly made a resolution to do something. Getting your legal house in order probably wasn't what you had in mind, but it is something you should do!

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Free Criminal Records And Background Checks Secrets You Need To Know

(category: Legal, Word count: 481)
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The employee is a vital part of a company's business. In fact, one can even say that the employee makes a company for surely without him, the company can never be. Employees are the workforce that keeps a company going. They serve as the fuel that keeps business operations going like a well-oiled machine. For this reason, hiring individuals to become prospective employees of a company are serious matters of interest and one that can never be relegated as dismal.

Why Conduct Free Criminal Records and Background Checks?

That is an understandable question to ask. With the prices quoted by public records researchers these days, why indeed. However, if the hiring process is the key to keeping the business intact for a long time, then free criminal records and background checks are what make the hiring process thorough and exhaustive.

Free criminal records and background checks helps a company make better-informed decisions during the pre-employment screening. The information they provide are indispensable as they are the determinants of a person's character. In a way, free criminal records and background checks are steps that a company can take to protect its own interest. There have been too many cases in the past wherein no background checks whatsoever was made on an individual and so when that individual was hired as an employee and then later on committed a crime in the context of his or her job, the company was held liable.

Negligence particularly on issues concerning negligent hiring, supervision, security, training, and retention can not only cause loss in productivity but at the extreme end, workplace violence as well that could very well cost the lives of other employees. And thus, it is the responsibility of the company as well as a right to protect its assets and interests, including its employees from incidents that may arise due to the lack of free criminal records and background checks.

State Requirement

Several states in the U.S. have laws requiring free criminal records and background checks during the pre-employment process. States, such as Florida, are especially particular about free criminal records and background checks on certain industries where "care" is provided as a service. Thus, any prospective employee or volunteer of a facility for the elderly, children, and people with disabilities are required by state statute and by federal law to undergo free criminal records and background checks.

Today, 29 states in the United States keep central repositories for the purpose of providing information to those conducting free criminal records and background checks. As of this time, there is no known "national" database of criminal history information and the most you could do to conduct a nationwide search is to visit each state repository individually. Fortunately, the Internet has made it possible for you to do this right on your computer screen.

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Criminal Records For Residents Of Michigan

(category: Legal, Word count: 454)
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The State of Michigan keeps several different archives of information on criminal records. However, a minor problem is that majority of these sources of Michigan criminal records deal mostly with convictions. Criminal records for Michigan State do not necessarily warrant convictions. In fact, not all criminal records for Michigan result in convictions. And for this reason, databases maintained by the Michigan State Government may not be as comprehensive a source as we would like them to be. Therefore, it is advised that when you conduct a criminal records search, you do not use the state repository as your only source of information. There are also various other sources of Michigan criminal records that are rarely tapped into. These are the following:

State Police

As stated earlier, the most obvious choice for you to search for Michigan criminal records is the state repository. It is the Michigan State Police that maintains the official database of criminal history record information. Here you can find an archive of all Michigan criminal records of felonies or misdemeanors of a serious nature. The Michigan criminal records contained in the Michigan State Police database are actually fingerprint-based arrest records. By statute, law enforcement agencies and court clerks are required to create fingerprint cards for each record of arrest that are sent to the Michigan State Police. If the Michigan criminal records are not accompanied by fingerprint cards, then they will be included in the repository.

Department of Corrections

The Department of Corrections keeps a database of criminal records of everyone who has served time in prison. The Michigan criminal records stored here contain good details about the crime and the database even includes pictures of the criminal. The inclusion of photos are good for minimizing cases of mistaken identities wherein someone who is without a record may appear to have one because of names that are similar. The DOC database only contains criminal records of imprisonment and criminals who have been sentenced to prison do not show up here.

County Clerks of Court

Perhaps the most excellent way to verify whether a Michigan criminal action has been initiated against someone is to check whether there are criminal records of it in the Offices of the County Clerks of Court. Each court case is documented first by the Clerk of Court of the county where the case is to be heard. These documents are based on the information provided during the arrest incident.

Michigan criminal records of arrests at the county jail level are excellent sources, too, but they may not be as readily available as the others. However, there are some private sources that you can contract to legally provide you with these.

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Courtroom Fea Does Fea Apply To My Case

(category: Legal, Word count: 227)
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Many attorneys hire metallurgists to study failures across many industries. Similarly, finite element analysis is regularly applied to a vast array of products. As discussed in previous issues of Courtroom FEA, FEA applies when something bending or breaking is an issue.

The following collage presents some of the industries that FEA is applied to. The blue text lists some of the products the author has experience with (collage available at www.finiteelement.com/newsletter/CourtroomFEA_Vol03.html).

FEA is a fairly recent discipline which allows the numerical solution of governing physical equations over complicated geometric domains. The method is regularly applied to the structural analysis of designs with complex geometries.

The part being analyzed is divided into many small regions called "finite elements". The physical behavior within each element is understood in concise mathematical terms. Assemblage of all elements' behavior produces a large matrix equation, which is solved for the quantity of interest, e.g. the deformation due to a maximum loading condition. Additional quantities, such as stresses, are then computed.

Commercial FEA packages are usually used, to insulate the user from the substantial programming required to perform even a simple analysis. Still, obtaining accurate results from any package requires an experienced analyst. FEA can, and will, deliver incorrect results to the inexperienced user, who will then make important design decisions based on this false information.

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Junk Faxes New California Law Challenged

(category: Legal, Word count: 424)
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I hate junk faxes. You hate junk faxes. We all hate junk faxes! California legislators passed a law banning them, but it has been delayed to a legal challenge.

Junk Fax Prevention Act

In 2005, the State of California passed the Junk Fax Prevention Act. Legislators were reacting to the bevy of businesses screaming about the junk faxes being received daily. The problem with junk faxes, besides being annoying, is they put wear and tear on fax machines as well as using up paper and toner. In passing the new law, legislators sought to help businesses. In truth, I imagine they just wanted to free up their own faxes, but I digress.

The Junk Fax Prevention Act was set to go into force on January 1, 2006. In a rather shocking move, the U.S. Chamber of Commerce filed for an injunction, which was granted. Joining the Chamber of Commerce is Xpedite Systems, a fax company. Filed in federal court, the injunction was granted and the law stayed from being enforced. A hearing on the matter will be held January 23, 2006 with the earliest resolution of the matter being January 30, 2006.

At the heart of the dispute is an exemption to the law known as the previous business relationship exemption. Under federal law, a person may send a fax to a person or business with which they have had a previous business relationship. The problem, however, is there is no particular test for determining a previous business relationship. The California law seeks to require proof of such a business relationship.

Ironically, the U.S. Chamber of Commerce was one of the biggest and boisterous supporters of the federal junk fax law. In a mysterious change of position, the Chamber of Commerce is now taking the position the California law is unduly burdensome on medium and small businesses.

This position is so much hogwash, a typical stance for the Chamber of Commerce. When evaluating such bland statement positions, it is always important to use common sense. In this case, a business sending faxes to clients is easily going to have proof of such relationships. Indeed, most businesses now communicate by email with their clients in lieu of a fax. If something written needs to go out, it is typically done by snail mail.

Intentionally or not, the only parties the U.S. Chamber of Commerce is protecting are the junk fax senders. What a shame. Let's hope the court puts the Chamber in its place.

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Plan Your Immigration At Every Stage

(category: Legal, Word count: 305)
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According to the U.N. Population Division, there are now almost 200 million international migrants.

About 50% of these existing immigrants are illegal OR undocumented. The worldwide immigration trend is increasing day by day. The intending immigrants also do not have good immigration plans to retain their legal status for a longer duration. They normally overstay their Visa period due to many reasons beyond their control. Then these overstayed / illegal immigrants are forced to live under inhumane circumstances for next many years of their life.

Immigration Laws and society do not help illegal immigrants.

80% of the world immigrant's population is based on financial inspirations. They migrate in pursuit of financial freedom and happiness. Their existing recourses are not enough. They take big risk of their life to do OR die. Sometimes they loose life during their journey of Hope.

But most hardworking immigrants who Plan their immigration with proper research and knowledge of immigration laws and procedures are normally able to achieve their immigration goals successfully. They define their immigration objectives in a very realistic way. Their immigration plan is similar to a good business plan. Their every immigration step is pre planed and anticipated. They know their limitations of resources and set realistic immigration targets to be achieved.

We will be publishing series of Articles about IMMIGRATION PLANS prepared and executed by intelligent and hardworking immigrants to achieve their short OR long term immigration objectives. These samples Immigration plans will help and guide the international immigrant communities to develop their personal immigration plans for their own success.

These series of real world immigration plans are true ground realities. Due to privacy reasons the actual Names of immigrants have been changed. We have tried to explain the immigrants thought process while developing their immigration plans.

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Should You Take A Lie Detector Test

(category: Legal, Word count: 509)
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Is the standard lie detector test (also known as the polygraph) reliable? Should you be concerned about taking a polygraph test? Let's start with a true story.

The FBI gives agent applicants a lie detector test before hiring them. After 9/11, their polygraph failure rate went to 50%. Did liars suddenly start applying for jobs? No, but the testers were instructed to read the tests differently, even though this meant throwing out some honest people with the few dishonest ones. Imagine what this would do to your future. For all of their lives these mostly innocent people will have a record of a failed FBI polygraph following them.

Most scientists now agree that polygraph "testing" is junk science. In fact, John Larson, one of the pioneers of polygraphic lie detection, says "I'm sorry I ever had any part in it's development." The test is valued by governments and others because it is useful for getting damaging admissions from people, especially those who don't know that the test is a sham.

Unfortunately, the lie detector test is actually biased against the truthful. This is because the more honestly one answers the "control" questions, the more likely one is to fail. Meanwhile, hardened criminals have proven again and again that they can lie throughout the test without detection.

How Lie Detector Tests Work (Or Don't)

The basic idea is this: The polygrapher asks "control" questions in order to get your "baseline responses." These are questions to which the operator knows or assumes the truthful answer. The device measures blood pressure, heart, breathing and perspiration rates. Then, when you are asked other questions (Are you involved in espionage? Did you take Johns watch?) your responses are compared to your baseline responses, to determine if your answer is honest or a lie.

An operator will tell you that you should answer all questions honestly, but they don't actually want this to happen. In fact, they will often ask control questions that they assume you will answer with a lie. This could be something like "Have you ever lied when in trouble?" They may mention that someone who would do such a thing is not a good person, thus encouraging you to lie, so they can see your response.

Operators use this kind of trickery as a standard part of the testing procedure. They also have to use their own judgment. If they think you are dishonest, they may interpret the results differently. Even if they don't do this, they may push harder to find questions that give the result they want. Whether this is conscious or not, it shows how unscientific the whole procedure can be.

Should you take the test? Consider what former CIA Director John M. Deutch had to say about it: "[The CIA's] reliance on the polygraph is truly insane." How about former CIA Director R. James Woolsey: "...the use of this highly flawed instrument should be radically curtailed." You may want to reconsider any plans to take that lie detector test.

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Best Solicitor Services

(category: Legal, Word count: 122)
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Contactlaw.co.uk experienced solicitors, work on all property matters, business premises, office leases, shop leases, pub leases, restaurant leases, developments, investment and industrial properties, clubs, hotels, environment and planning, finance and security, deal negotiation and new projects. Our Commercial Solicitors have well established reputation in providing a comprehensive and cost-effective service in property transactions and geared up to achieve clients' objectives quickly. We work at short notice, to tight deadlines and to a high standard, aiming always to maintain the initiative we do not disclose your details to any other party without your prior consent. Our Commercial Solicitors have a broad continuum of legal expertise enabling them to deal with transactions in a commercially-focused as well as legally effective manner.

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Pros And Cons Of A Structured Settlement

(category: Legal, Word count: 245)
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As with just about everything, structured settlements have both advantages and disadvantages. One key advantage is the tax benefits associated with a properly set-up settlement. An appropriately set-up structured settlement could very well reduce the plaintiff's tax obligations. In some cases the settlement could avoid taxes altogether.

Another advantage is that the structured settlement could also prevent a plaintiff from splurging all their money all at once. In this way, the structured settlement could be a sort of financial control. Instead of getting the money all at once and risking spending much of it on unnecessary or unwise transactions, a structured settlement's periodic payments will help the plaintiff with paying for necessary costs before they spend the money on other things.

However, this advantage could very well be seen as a disadvantage to many. Some people want to make big purchases, such as a car or home, and may prefer a large one-time lump sum payment to periodic payments. Even if they do not have desires for expensive purchases, some people may just feel that they would do better if they were able to invest their money themselves.

Essentially, for those who might have a difficult time managing a large sum of money, structured settlements offer a simple and helpful way to avoid dissipating the cash recklessly. However, for claimants who are able to manage money well on their own, the periodic payments may be an annoyance.

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